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South Africa decisions
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Poulos NO and Others v Van Den Heever NO and Another (43528/2015) [2023] ZAGPJHC 977 (11 August 2023)
The High Court granted leave to appeal to the Full Court in a dispute about adiation and renunciation of inheritance under a will and insolvency.
Thomas v Thomas and Another (2756/2018) [2020] ZANCHC 84 (13 November 2020)
The court found that the applicant's right, title and interest in the pending litigation under case number 202/2003 was known to the trustees and creditors, who, by resolution and conduct, elected not to monetize or lay claim to it. The trustees excluded the asset from the Liquidation and Distribution Account and did not oppose the applicant's rehabilitation. The correspondence between the applicant's attorneys and the trustees confirmed the trustees' intention not to pursue the claim and advised the applicant to seek a declarator from the court. The court held that the trustees and creditors…
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Botha N.O. and Others v Carstens and Others (50323/14) [2017] ZAGPPHC 527 (10 August 2017)
The court found that the applicants, as provisional trustees, had established a prima facie right to preserve the game pending determination of its ownership. The respondents' evidence regarding ownership was contradictory and lacked bona fides, undermining their opposition. The applicants demonstrated a reasonable apprehension that the assets of the insolvent estate could be dissipated or concealed, justifying the need for interim relief. The balance of convenience favoured the applicants, and there was no satisfactory alternative remedy. The requirements for an interim interdict were satisf…
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